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HomeMy Public PortalAbout08-August 01, 2018 Special Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES SPECIAL COMMISSION MEETING Wednesday, August 1,2018 3:30 P.M. Sherbondy Village Auditorium 215 Perviz Avenue Opa-locka, FL 33054 1. CALL TO ORDER: Vice Mayor Joseph L. Kelley called the meeting to order at 3:30 p.m. on Wednesday, August 1, 2018 in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Vice Mayor Joseph L. Kelley, Commissioner Timothy Holmes, Commissioner John Riley and Commissioner Matthew A. Pigatt. Also in attendance were: Acting City Manager Newall Daughtrey, City Attorney Vincent T. Brown, and Assistant City Clerk Sherine Bullock. Mayor Myra L. Taylor and City Clerk Joanna Flores were not in attendance. 3. INVOCATION: The invocation was delivered by Vice Mayor Joseph L. Kelley. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. PUBLIC INPUT: Agenda Items Only 6. RESOLUTION: a) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, HIRING DETRA SHAW-WILDER OF KOZYAK, TROPIN & THROCKMORTON, LLP TO ASSIST IN DEFENDING THE CITY OF OPA-LOCKA IN OPA- LOCKA WAREHOUSE CONDO ASSOCIATION VS. CITY OF OPA-LOCKA CASE NUMBER 18-2828-CA-43 (CBL); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Attorney The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Commissioner Pigatt arrived at 3:33 p.m. Special Commission Meeting Minutes-8/01/2018 1 Commissioner Riley said asked the attorney why the item did not go to the league. City Attorney Brown said that it is a part of the class action lawsuit for water. Because the case was consolidated, it is not covered by the Florida League of Cities. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Not Present b) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO REPRESENT THE CITY OF OPA-LOCKA IN WILLIAM GREEN, JR. VS. CITY OF OPA-LOCKA, FLORIDA, CASE NUMBER 2018-13143 SP-05; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Attorney The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Pigatt for discussion. Commissioner Riley said that previous and current employees have sued and it was sent to the league, so why can't this one? City Attorney Brown said that if it is an employee discrimination case or a whistleblower case, then those are the cases that are sent to the league. Commissioner Riley said that the City cannot predict what a court will do. This case may build up to be way more than the sixteen hundred dollars ($1,600.00) that Mr. Green is requesting and that is not worth the cost for litigation. Commissioner Pigatt thanked the attorney for bringing back this item because he supports it. Vice Mayor Kelley asked the attorney if there was a way for the league to handle this since there will be a counter claim. City Attorney Brown said that it is a timing issue and he is trying to preserve the City's legal rights to file a counter claim. Vice Mayor Kelley said that he hopes this can be sent to the league and they can take up the course so that the City does not end up with costly litigation. There being no further discussion, the motion on the resolution passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor Not Present c) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA,FLORIDA, AUTHORIZING THE CITY MANAGER TO PRESENT THE FY 2018-2019 Special Commission Meeting Minutes—8/01/2018 2 BUDGET TO THE CITY COMMISSION AND FINANCIAL EMERGENCY BOARD PURSUANT TO THE STATE AND LOCAL AGREEMENT OF COOPERATION BETWEEN THE GOVERNOR AND THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE; Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Acting City Manager Daughtrey said that items c and d are intertwined and he will speak on both at once. He said that he is simply presenting the documents to the commission and receiving permission to upload the documents and send them to the state. He will hold a workshop on August 15th for discussion on these items, but the budget workshops will be held in September. The purpose of the workshops in August is to ensure that the employee's residents, and businesses can be informed and also know that the City is doing what is needs to do to come out of the financial emergency. He is prepared to answer any questions the commission may have. Commissioner Pigatt said that he is uncomfortable with submitting the documents before they have had the chance to be reviewed since they just received it. He asked the manager if it can be amended to show that it is a draft and not a final document. Acting City Manager Daughtrey said that can be done, but he wants to make sure the City meets the deadline for submitting information according to the interlocal agreement with the state. Commissioner Pigatt thank the manager for making sure the City is in compliance with the state and said that he is in support of the item. Commissioner Riley said that all of the documents are drafts and it will not be final until second reading. At this time,the item simply authorizes the manager to make the presentation to the state. Vice Mayor Kelley said that he is glad the documents are being submitted early this year since las year there was a crunch after the documents were submitted by the state and they had to wait for the state to provide its recommendations. He asked the manager about the workshop he mentioned earlier and what are the dates. Acting City Manager Daughtrey said that the two workshops will be held on August 15th and 29`h so that whatever issues are raised will allow them to find solutions and move forward. Vice Mayor Kelley asked the manager who the workshops will be held for. Acting City Manager Daughtrey said that the workshops will be held for everyone to attend. Vice Mayor Kelley said that he would like to have one prior to the managers' so that the citizens can address their concerns; he asked the clerk's office to poll the commission for their availability. He learned from the town hall meeting for the water bills that the public sits for hours and is unable to address the commission because the commission dominates the time; this is when it is done jointly with the manager. He prefers that even though it is opened to the public, that it is held only for the commission and the public. He reiterated wanting to have this done before the manager holds one for the public. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Special Commission Meeting Minutes—8/01/2018 3 Commissioner Holmes Yes Mayor Taylor Not Present d) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PRESENT THE FIVE YEAR FINANCIAL RECOVERY PLAN TO THE CITY COMMISSION AND THE FINANCIAL EMERGENCY BOARD PURSUANT TO THE STATE AND LOCAL AGREEMENT OF COOPERATION BETWEEN THE GOVERNOR AND THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR EFFECTIVE DATE; Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Commissioner Pigatt asked to also make an amendment to state that this is a draft as with the last item. He asked if it will come before the commission again. Acting City Manager Daughtrey said that it will come before the commission again. City Attorney Brown said that both items c and d can be amended at any time while the City is going through the financial emergency. The five year recovery plan is as any other business plan and as the City's financial status changes and it receives a significant surplus for any of the five years, then the plan can be amended as the revenues and the expenses adjust. Commissioner Pigatt said that he is okay with approving it as a draft as long as they have time to review it and make recommendations and changes. Commissioner Riley said that this resolution does not adopt the five year plan. It will be brought back at a later date for approval. This item is to present the documents and not adopt anything. Vice Mayor Kelley asked the clerk's office to poll the commission for their availability to have a joint meeting with the state by the end of August or their next scheduled meeting for August so that everyone is on the same page with the recovery plan and the budget. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Not Present e) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW AND EXECUTE THE CONTRACT WITH LIMOSINE OF SOUTH FLORIDA, INC. TO MAINTAIN THE CONTINUITY OF SERVICES FOR THE NORTH ROUTE MONDAY THROUGH SATURDAY AS IS CURRENTLY BEING SERVICED; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR EFFECTIVE DATE; Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Holmes for discussion. Special Commission Meeting Minutes—8/01/2018 4 Commissioner Riley asked the manager who is currently serving the north area. Acting City Manager Daughtrey said the same company. Commissioner Riley asked if this item was to give the company a new contract. Acting City Manager Daughtrey said that the company renewed its contract with the county and the City falls under the agreement. Commissioner Riley asked if there has been any substantial change with the contract that it has to be renewed. Acting City manager Daughtrey said that he met with the transit people a month ago and was told that the changes were made across the board. This is the contract that he is presenting. City Attorney Brown said that the resolution title was incorrect and read into the record, the item from the agenda packet that contained the correct wording. It was read as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW CONTRACT WITH LIMOSINE OF SOUTH FLORIDA, INC., PIGGYBACKING ON THE CITY OF DORAL-S AGREEMENT, TO PROVIDES SERVICES ENSURING CONTINUITY OF SHUTTLE BUS SERVICES, IN AN AMOUNT NOT TO EXCEED $54.00 PER HOUR, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PAYABLE FROM ACCOUNT NUMBER , A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by City Manager It was moved by Commissioner Riley, seconded by Commissioner Holmes for discussion. Commissioner Pigatt asked if there was a reason to do this now as opposed to putting it on the agenda for the regular commission meeting. Acting City Manager Daughtrey directed the public works director to come before the commission and explain. Public Works Director Airia Austin said that the reason why it is coming today is because they had been in negotiations with the City of Doral to piggyback their contract to be in compliance with the CITT regulations. This just happened a couple weeks ago and it could not go on the last agenda. Commissioner Pigatt asked if this had to be approved today because the City is piggybacking off of Doral. Mr. Austin said, "Yes." Commissioner Pigatt asked if this was the best contract that the City could receive given that he has not had any time to thoroughly review the item. Mr. Austin said that it is the best option since the amount would have been higher had the City done it directly. Vice Mayor Kelley said that he is all for the circulator, but he does not like the buses. He wanted the trolley type because it gave a little more flair and went along with the Moorish architecture. Special Commission Meeting Minutes—8/01/2018 5 Mr. Austin said that they will try and negotiate it on the next contract. Commissioner Pigatt said that he noticed that it is a five year contract and asked if it was the shortest contract that the City could receive. Mr. Austin said because of the investment at this time,the five year plan is the best. Commissioner Pigatt asked if the item can be negotiated to include upgrading of the bus. Mr. Austin said that is not possible at this time because the City is piggybacking from another city's contract. Commissioner Riley said that if this is the same contract as Doral's, then the City should have the same trolleys as Doral. Vice Mayor Kelley said that he co-signs with Commissioner Riley and Commissioner Pigatt. Mr. Austin said that he will try to negotiate this. There being no further discussion, the motion on the resolution passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Not Present 7. FIRST READING ORDINANCE/PUBLIC HEARING: a) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE VI PURCHASING, SECTION 2-322 SALE OF CITY PROPERTY WORTH TWO HUNDRED AND FIFTY DOLLARS OR LESS OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES, PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABLITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by Commissioner Holmes The above ordinance was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Commissioner Riley for discussion. Commissioner Riley asked if this will allow the employees to have the first opportunity to purchase items. City Attorney Brown said that the ordinance allows for anyone to purchase items the City no longer has the need for through the manager with approval from the commission. Commissioner Riley said that it was previously offered to the employees first and asked if the item can be amended to reflect this. City Attorney Brown said that the language can be added to the body of the resolution and it can be done as a friendly amendment. Commissioner Pigatt asked if the item was to increase the amount that the items can be sold for. Special Commission Meeting Minutes—8/01/2018 6 City Attorney Brown said that the item is to set a limit for which the manager can sell items without going before the commission. Commissioner Pigatt asked why the City would allow employees first opportunity to buy items purchased with taxpayer dollars when it should be open to the residents first. Commissioner Riley said that the employees are underpaid and if the City has not given increases to the employees over the years, then this is a good opportunity for employees with hardships who cannot afford to purchase some of these items outright. Commissioner Pigatt asked that the item be amended to give residents priority, then the employees and the public. He posed this to the sponsor. Commissioner Holmes called for the vote. Vice Mayor Kelley asked what the process was for priority to disposing of the property. City Attorney Brown said that the item can be brought back with the precise changes to reflect what the commissioners are recommending as amendments. Vice Mayor Kelley said that he wants to make sure there is a fair process for all. City Attorney Brown said that it can be approved tonight and then they will bring back an administrative order to be approved by the commission and that will be the tool used for procedures for disposing of surplus items no longer used by the City. There being no further discussion, the motion on the ordinance passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Not Present Commissioner Holmes said that there is a drain over on Veterans Way and the water has been sitting all over the sidewalk since last week. 7. ADJOURNMENT: There being no further business to come before the Commission, it was moved by Commissioner Riley, seconded by Commissioner Holmes to adjourn the me at 4:27 p.m. (414,:fr pyyj MAYOR ATTEST: f, CITY CLERK Special Commission Meeting Minutes—8/01/2018 7